evidence cases&outline

evidence cases&outline - FEDERAL RULES OF EVIDENCE...

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FEDERAL RULES OF EVIDENCE HEAR PA BROWN Purposes of Federal Rules of Evidence - advance substantive policy goals of particular law NOT of particular litigation - more accurate fact-finding - practical considerations (length of trial, etc.) General Provisions 103 Rulings on Evidence (a) Effect of erroneous ruling - Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and (1) Objection - In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or If no objection, issue not preserved on appeal Owen v. Patton counsel approached bench but failed to formally object = waiver unless plain error Timely: contemporaneously, at earliest opportunity Hackenson v. City of Waterbury objection to question after answer given sustained by trial court: counsel had no time to object before Specific: can’t rely on general grounds Een v. Consolidated Freightways “incompetent, irrelevant, immaterial, calling for speculation, guess and conjecture, obviously invading the province of the jury, calling for a conclusion” = too general Motion in limine: objection must be renewed at trial (Yu-Leung ), particularly where judge reserves ruling (Holmquist ) Criminal _ must take the stand to preserve issue on appeal (Luce ) Appellate court won’t consider newly raised issue (Mennuti ); can affirm correct ruling even if trial court relied on wrong grounds (Williams ) Examples of Objections: (ACCANNABALM) - Question calls for a narrative response - Nonresponsive (_ answer question; adds add’l info which must be stricken from record) -Assumes a fact not in evidence - Compound (W’s answer wouldn’t be clear) - Ambiguous - Asked and Answered - Cumulative - Misstatement/Mischaracterization - Argumentative - Badgering the Witness - Leading (generally allowed on cross/direct of hostile witness) (2) Offer of proof - In case the ruling is one exclusing evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked.
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U.S. v. Winkle - appellate can’t review ruling w/o offer of proof b/c no record: atty speaks, intro’s atty, witness statement into record, voir dire s (b) Record of offer and ruling - The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. It may direct the making of an offer in question and answer form. (c) Hearing of jury - In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making staements or offers of proof or asking questions in the hearing of the jury. (d)
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evidence cases&outline - FEDERAL RULES OF EVIDENCE...

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